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Dáil Éireann debate -
Wednesday, 17 Jun 1998

Vol. 492 No. 5

Written Answers. - Prisoner Transfers.

Question:

133 Dr. Upton asked the Minister for Justice, Equality and Law Reform if he will sign or ratify the Protocol CDPC 97 and 18 Addendum 1 approved by the Council of Ministers of the Council of Europe in September 1997 in relation to the transfer of prisoners; and if he will make a statement on the matter. [14605/98]

The additional Protocol to the Convention on the Transfer of Sentenced Persons sets out the rules applicable to the transfer of the execution of sentences, first, where sentenced persons have absconded from the sentencing state to their state of nationality, and second, where they are subject to an expulsion or deportation order as a consequence of their sentence. The Protocol was opened for signature by the member states of the Council of Europe in Strasbourg on 18 December 1997 and was signed by Denmark, Germany, Iceland, the Netherlands and Sweden. Ireland has not signed the additional Protocol and our position remains under consideration at present.

Question:

134 Dr. Upton asked the Minister for Justice, Equality and Law Reform the number of applications he has received from prisoners abroad wishing to transfer to Irish jails under the transfer convention; the number he has approved and which have taken place; and if he will make a statement on the matter. [14606/98]

The Council of Europe Convention on the Transfer of Sentenced Persons was ratified by Ireland following the passing of the Transfer of Sentenced Persons Act, 1995 and came into effect between this country and other parties to the Convention on 1 November 1995.

To date a total of 118 applications for transfer into this jurisdiction have been formally received. Sixty-three applications in total have now been consented to by both myself and my predecessor and 42 prisoners have now transferred into this jurisdiction. Arrangements are currently being made to effect the transfer of a further five persons. In addition, six applications are being made to the High Court for warrants authorising further transfers. Twenty applications currently remain under active consideration with the remaining applications having been resolved without transfer, that is, the prisoners were withdrawn, released, etc.

The Government supports the principle that, whenever possible, prisoners should be permitted to serve their sentences close to their families.

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